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1 Page 1 of 17 Fresno County, California, Code of Ordinances >> Title 9 - ANIMALS >> TITLE 9 - ANIMALS Chapters: 9.04Dog Licensing and Control 9.08Pets or Novelties 9.12Estray Impoundment 9.16Rodents and Predatory Animals Chapter DOG LICENSING AND CONTROL Chapter PETS OR NOVELTIES Chapter ESTRAY IMPOUNDMENT Chapter RODENTS AND PREDATORY ANIMALS Fresno County, California, Code of Ordinances >> Title 9 - ANIMALS >> Chapter DOG LICENSING AND CONTROL >> Chapter DOG LICENSING AND CONTROL [36] Sections: Definitions Pound Established License Required License Issuance Fees Terms of unaltered dog license Sale and other transfer of dogs and cats Enforcement of dog license provisions Kennel license Impounding Licensed Disposition Unlicensed Disposition Sale of impounded dogs Redemption of impounded dogs Redemption fee Disposition Rabid or biting Owner duty Quarantine Rabies vaccination required when Quarantine Violation License Failure to procure Right to enter premises Restraint of females At large near highways Noisy dogs Nuisance Livestock Protection Hunting upon pastures or fields.

2 Page 2 of Running at large Running at large Impounding Impoundment Dangerous dog Dangerous dog Procedures Violation Infraction Definitions. The following words and terms used in this chapter are defined for the purpose thereof as follows: A. "License collector" means the county of Fresno director of community health, his regular deputies or employees, any person especially deputized by him for the purpose of carrying out the provisions of this chapter and any officer or employee of an agency, society or other organization with which the county has contracted to carry out the provisions of this chapter. B. "Officer" includes the health officer, any deputy health officer, any peace officer of the county and any officer or employee of any agency, society or organization with which the county has a contract for the purpose of carrying out the provisions of this chapter. C. "Owner" means the legal owner and anyone in lawful possession or charge of a dog. D. "Pound" means the place provided by the board of supervisors for the impounding of dogs whether maintained directly by the county or by an agency, society or organization pursuant to agreement or contract with the county. E. "Poundmaster" means the person in charge of the pound, or any officer or employee of the agency, society or organization operating the pound and who is acting under general supervision of the person in charge thereof. F. "Permanent dog license tag" or "dog tag" means the tag issued by the license collector. G. "Dangerous dog" means a dog, other than a dog used in law enforcement or a guide, signal or service dog, that (a) without provocation bites or inflicts injury or otherwise attacks or endangers the safety of any person, cat, other dog, livestock, poultry, other domestic animal, or other animal; (b) without provocation approaches in a menacing, threatening or terrorizing manner, any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or another person's private property; or (c) is owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting. H. "Without provocation" means a dog that was not teased, tormented, or abused by a person, or attacked by a cat, another dog, or any other animal. I. "Enclosure" means a fence or structure of at least six feet in height, forming a confined area sufficient to prevent the entry of young children, and effective in containing the dog. Such enclosure shall be securely enclosed and locked and equipped with secure sides, top and bottom, and shall be designed to prevent the dog from escaping from the enclosure. (Od , 3; Ord , 1; Ord , 1; prior code, 400) Pound Established.

3 Page 3 of 17 The board of supervisors shall establish or cause to be established by contract or agreement with an agency, society or organization organized for that purpose a suitable place for the impounding of dogs from the unincorporated areas of the county, which premises shall be considered as the Fresno County pound. Provided, that nothing herein contained shall be construed as preventing the pound from being operated in conjunction with a pound operated by said agency, society or organization in or for any city. (Pior code, 401) License Required. Except as herein otherwise provided every owner of any dog in the unincorporated area of the county, which dog is over the age of four months, shall procure therefor a license from the license collector of the county as hereinafter provided. It is unlawful for any owner to fail to procure said license. The license shall be transferable with transfer of ownership of the dog. No license shall be required for any dog for which there exits a valid license issued by any city within the county. (Prior code, 402) License Issuance Fees. A. B. C. Upon the submittal of a valid rabies certificate, information required by this paragraph, and payment of the fees as set forth in Schedule "A" of the Master Schedule of Fees, Charges and Costs Recovery for Fresno County, the license collector shall prepare a dog license, which shall contain a brief description of the dog as to breed, age, sex, color, rabies vaccination certificate number and date thereof, and shall include the name, address and telephone number of the owner, dog tag number, license expiration date, and any other information the license collector deems necessary or appropriate. The license collector shall maintain these licenses in a permanent file and upon the request of any person may give the name, address and telephone number of any owner for the purpose of returning a lost dog. No fee receipt or paper license shall be issued to an owner, except upon request. Such license shall be valid for a one-year period, unless the owner elects to initiate or renew a dog license to coincide with a rabies vaccination period that expires in less than one year. If the owner elects to obtain a license for less than a one year period, he shall pay the licensing fee for a full year period, as set forth below. A license shall be renewed prior to or upon its expiration date. No license is delinquent if application is made therefor within thirty days after the dog is first required to be licensed and within sixty days after the expiration date of the previous county license. Upon submittal of the information required in subsection A of this section and payment of the fees as set forth below, the license collector shall issue a permanent dog tag made of some durable material, which tag shall bear the inscription "Fresno County Dog License," the license tag number and any other information the license collector deems appropriate. A new dog tag will not be issued upon the annual renewal and payment of the dog license fees unless the owner requests a replacement dog tag. The owner shall pay the applicable fee, as set forth in Schedule "A" of the County of Fresno Master Schedule of Fees, Charges and Costs Recovery, for the issuance of the initial dog tag or for a replacement dog tag. A license shall be prepared and dog tag issued gratuitously, if the dog for which the license is sought is properly certified as being:

4 Page 4 of Honorably discharged from the service of the armed forces of the United States; A guide dog in the service of any blind person; A signal dog in the service of any person who has impaired hearing; A service dog in the service of any person who is physically disabled or developmentally disabled; A dog in the service of any law enforcement agency. A dog being raised or trained for any of the services as set forth in this subsection; The license shall contain thereon a statement of the reason for such gratuitous issuance. For purposes of this chapter, the following definitions shall apply: a. "Guide dog" means any dog or seeing-eye dog which was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code. b. "Signal dog" means any dog trained to alert a deaf person or a person whose hearing is impaired, to intruders or sounds. c. "Service dog" means any dog individually trained to do work or perform tasks to meet the requirements of a physically disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items. D. In order to be eligible for the rate for a spayed or neutered license, the owner must provide evidence to the license collector that the dog has been spayed or neutered. Such evidence shall be a certificate signed by a veterinarian on his letter head stationery, or by a signed sworn statement of the owner. E. In order to be eligible for the rate for a dog owned by a senior citizen, the owner must submit to the license collector a signed sworn statement of the owner's age. F. The dog tag issued shall be firmly attached to the collar or harness of the dog for whom the license was issued. It is unlawful to affix said tag to any dog for whom it has not been issued, to maintain upon any dog a tag other than the one issued by the license collector for that dog, to remove said tag from any dog without the authority of the owner thereof, or to make or have in possession any unauthorized tags, imitations or facsimiles thereof. G. No owner required by this chapter to pay a fee or penalty is entitled to a refund or waiver unless specifically authorized by the director of community health or designee. The director of community health or designee may waive fees for extreme hardship at their discretion. (Ord , 2; Ord , 2; Ord ; Ord , 1; Ord. 539-A-3, 1, 1978; prior code, 402.1) Terms of unaltered dog license. A. The unaltered dog license shall contain the following terms and conditions: 1. The owner of an unaltered female dog shall not allow the whelping of more than one litter within the permit year; 2. No offspring may be sold, adopted, bartered or otherwise transferred, whether for compensation or otherwise, until such offspring has reached the age of at least eight weeks; 3.

5 Page 5 of (Ord , 2) The owner must prominently display their unaltered dog license number in any advertisement to the public for the sale, adoption or transfer (whether for compensation or otherwise) of the offspring. The owner must provide the unaltered dog license number to any person who purchases, adopts or receives the offspring and include the unaltered dog license number on any receipt of sale or transfer document; The owner shall submit in writing to the license collector the name, address and telephone number of the person(s) who received any of the offspring, whether for compensation or otherwise, within five days of the sale or transfer; The owner shall provide to all persons who receive any offspring, whether for compensation or otherwise, an application for a Fresno County dog license, as well as written information regarding Fresno County's dog license requirements. The owner shall obtain these documents from the license collector Sale and other transfer of dogs and cats. A. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition. B. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement. C. No person shall sell or give away any dog or cat in any public place or in front of any business not owned by him or her or at any swap meet. D. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any dog or cat to any minor under the age of eighteen years, without the written permission of one of the minor's parents or legal guardians. (Ord , 2) Enforcement of dog license provisions. A. Any violation of Sections , , or shall be an infraction and may be enforced pursuant to Chapter 1.13, Administrative Fines, of this code. For purposes of enforcing the provisions of Sections , , or , "Enforcement Officer," as defined in Section of this code, shall include any agency, its agents and employees, that provides animal control and/or dog licensing under contract with the county of Fresno. (Ord , 2) Kennel license. Every person owning or operating a kennel or place where five or more dogs are kept for breeding, boarding, training or other commercial purposes in lieu of obtaining licenses for the individual dogs kept therein may obtain a kennel license for all dogs regularly kept therein. It is unlawful for such a person to fail to procure said license. The fee therefor shall be set forth in the County of Fresno Master Schedule of Fees, Charges and Costs Recovery and shall be due, payable, delinquent, and penalized in the same manner as is hereinabove provided for individual dog licenses. Before any kennel license is issued, a permit therefor shall be obtained from the health officer. All kennels shall be so constructed as to prevent dogs confined therein from running at large or leaving the premises where the kennel is maintained. It shall be operated and constructed in a sanitary and proper manner so that the same will not

6 Page 6 of 17 become a nuisance to the neighborhood thereof. The operation of all kennels licensed pursuant to provisions of this section shall be subject to reasonable regulations of the health officers. (Ord , 3; Ord , 10; prior code, 402.2) Impounding. Any officer may take up and impound in the county pound any unlicensed dog or dog bearing no license tag as herein provided which may be found running at large off the premises of the owner and not in the presence of the owner or a member of his family and may take up and impound any licensed dog or dog bearing a license tag which appears to be lost or estrayed and the owner of which cannot be found with diligence. (Prior code, 403) Licensed Disposition. Any dog taken up and impounded which bears a valid tag and which is not redeemed within a period of six days from the date of the taking up may be destroyed by the poundmaster in a humane manner, or if such dog is saleable, may be sold for cash at private sale without notice for such price as the poundmaster deems reasonable and proper or he may deliver such unredeemed dog to the United States military authorities. Provided, however, it shall be the duty of the poundmaster within three days after the impounding of any dog bearing a license tag to mail a notice of such impounding in a sealed envelope directed to the licensee at the address shown by the application therefor on file with the license collector. (Prior code, 403.1) Unlicensed Disposition. Any unlicensed dog or dog bearing no license tag taken up and impounded pursuant to the provisions of this chapter, and which is not redeemed in the manner hereinafter provided within a period of three full days from the time of the taking up, may be destroyed by the poundmaster in a humane manner. If the dog is saleable, it may be sold for cash at private sale without notice for such price as the poundmaster deems reasonable and proper, or he may deliver such unredeemed dog to the United States military authorities. (Prior code, 403.2) Sale of impounded dogs. When any dog is sold by the poundmaster as provided by Sections and , it shall be his duty to deliver to the purchaser, of such dog a statement in writing, which statement shall contain a description of the dog sold, the date when the dog was impounded, the date of sale, and the amount of the purchase price. Before such dog is released to the purchaser, he shall obtain a license therefor. The poundmaster shall retain a duplicate of all statements issued by him in connection with the sale. All sales made under the provisions of this section shall convey a good and valid title to the purchaser, and the previous owner of the dog so sold shall thereafter be barred from all right to recover the same. Provided, however, that if such original owner appears within three months after the date of the sale and proves to the satisfaction of the license collector that he was the owner of such

7 Page 7 of 17 dog, and upon making a verified claim therefor to the board of supervisors, he shall be reimbursed for any such sum as shall have been realized from the sale of the dog less such redemption fees he would have been required to pay had he redeemed the dog as hereinafter provided on the date of such sale less the further sum of two dollars. (Prior code, 403.3) Redemption of impounded dogs. The owner or person entitled to the possession of any dog impounded may at any time prior to its sale or disposal as provided in this chapter redeem the same. Such person desiring to redeem a dog shall deliver to the poundmaster a statement on a form prepared by the poundmaster which shall contain a description of the dog sought to be redeemed, the name and address of the claimant, and the statement that he is the owner of such dog. It shall be the duty of the poundmaster to issue to such person a written statement containing the name and address of the claimant, a description of the dog redeemed, the date when the dog was impounded, and accrued fees for its redemption, care and accrued license fee, if any, which statement shall serve as a certificate of redemption and receipt for the fee paid. The poundmaster shall keep duplicates of all statements issued by him. (Prior code, 403.4) Redemption fee Disposition. During such time as any agency, society or organization is conducting the county pound in pursuance of the provisions of Section , it is authorized to establish a redemption fee for dogs redeemed from the pound together with a fee for the reasonable cost of the care of such dogs while impounded and to sell unclaimed dogs for such price as the poundmaster deems reasonable and proper as provided in Sections and Provided, however, that the redemption fee and care charge shall not exceed such amounts as may be set forth in the then current contract between the county and any agency, society or organization and provided further that all such moneys may be retained by the agency, society or organization for its use and benefit. (Prior code, 404) Rabid or biting Owner duty. Whenever the owner of any dog shall observe or learn that such dog has shown symptoms of rabies, or has acted in a manner which would lead a reasonable person to suspect that it might have rabies, or that it has been bitten by a dog having rabies or suspected of having rabies, or otherwise exposed to rabies, or has bitten a human being, such person shall immediately notify the health officer and shall immediately confine the dog. (Prior code, 405) Quarantine. Whenever any dog has bitten any human being or whenever the health officer has reasonable grounds to suspect that the dog has rabies, he is empowered to immediately quarantine the dog either upon the premises of the owner or within the county pound. Such quarantine shall be by written notice served upon the owner of the dog and shall contain the

8 Page 8 of 17 statement that the dog is quarantined and the instructions to be followed. If the quarantine is upon the premises of the owner of the dog, it shall be immediately confined within a locked enclosure so constructed that it cannot escape or have contact with any other animal or human being other than the person responsible for its care, or at the discretion of the health officer it may be kept under restraint by leash in charge of a responsible person or under such other restriction as the health officer may deem necessary. Provided, however, that the owner may, in lieu of quarantine of said animal upon the premises, place the same in care of a duly licensed veterinarian for the purpose of confinement. The owner of any such dog quarantined on the premises shall immediately report to the health officer any change in disposition or unusual actions of the dog. The dog shall be kept quarantined and restrained until the health officer shall, in writing, order its destruction or release. Where such dog is quarantined in the county pound, it shall be restrained for a sufficient period to determine whether or not it is infected with rabies and thereupon shall be destroyed if determined to be rabid, or if not released to the owner. Upon its release the owner thereof shall be notified in writing, and the dog shall be released to him upon the payment of the sum of fifty cents for each day the dog has been detained in the pound as a charge for keeping such animal. Provided, however, that if no person lawfully entitled thereto shall appear within six days from the date of the giving of such written notice and claim said dog and pay for such charges, it may be sold or destroyed as hereinabove provided. (Prior code, 406) Rabies vaccination required when. After the expiration of a period of thirty days from the date of first coming into possession of any dog, it is unlawful for such person to keep, harbor or have within his possession within the unincorporated area of the county such dog, if over the age of four months, unless the dog shall have been within a period of two years prior thereto vaccinated with an anti-rabies vaccine of a type approved by the health officer. The license collector shall not issue any dog license, except a kennel license, without proof having first been made to his satisfaction that within a period of eighteen months prior thereto the dog for which a license application is being made has been vaccinated with an anti-rabies vaccine of a type approved by the health officer. The owner of any dog which has been vaccinated as in this section provided shall retain in his possession the certificate of vaccination and display the same on demand to any officer. The vaccination requirements of this section shall not apply when a duly licensed veterinarian has issued a certificate describing the dog and certifying that by reason of its physical condition vaccination thereof would endanger its health or life, in which event the license collector shall issue the license upon presentation to him of such certificate dated not more than thirty days prior thereto. (Prior code, 406.1) Quarantine Violation. When any dog is quarantined, it is unlawful for the owner or person in possession thereof to violate the quarantine by removing the dog from the premises, allowing it to run at large, destroying it without authorization, concealing it from the health officer, or disobeying any other quarantine restriction which may have been imposed by the health officer. (Prior code, 406.2)

9 Page 9 of License Failure to procure. It is unlawful for the owner of any dog in the unincorporated area of the county, which is subject to licensing under the provisions of this chapter, to fail to have a dog license therefor after the delinquent date for obtaining such license as in this chapter provided. (Prior code, 407) Right to enter premises. It is lawful for any officer to enter upon the premises of any person whomsoever for the purpose of enforcing this chapter, and any person interfering with any such officer in the performance of his duties hereunder is guilty of a misdemeanor. (Prior code, 408) Restraint of females. It is unlawful for the owner of any female dog to cause or permit the same to stray or run at large off the premises of the owner or in any public place while in heat, and it shall be the duty of any officer to take up and impound such female dog whether licensed or unlicensed which is found running at large in violation of this section. The dog may be redeemed only after the expiration of a period of ten days from the date of such impounding and then only upon the payment of such fees and charges as is herein otherwise provided for the redemption of such dogs. (Prior code, 409) At large near highways. It is unlawful for the owner or person in possession thereof to permit any dog to run at large which habitually attacks, worries or barks at pedestrians, vehicles or other users of the public highways. (Prior code, 410.1) Noisy dogs. It is unlawful for any person to permit any dog in his possession to habitually destroy the peace and quiet of any person or neighborhood by habitual barking or howling. (Prior code, 410.2) Nuisance. It is unlawful for any person to permit any dog owned by him or in his possession or under his control to habitually commit a nuisance in any public place or on the property of another. (Prior code, 410.3)

10 Page 10 of Livestock Protection. Any dog whether licensed or not which is found to be upon any property not that of the owner of the dog and upon which livestock or poultry are confined may be seized and impounded by any predatory animal control officer, or officer or employee of any agency, society or organization or pound and in the event such seizure and impoundment is impossible or impractical, such person may, if in his opinion the dog is a menace to such livestock or poultry, kill the dog. (Prior code, 410.4) Hunting upon pastures or fields. It is unlawful for any person, without the written consent of the property owner or person in charge thereof, to hunt with dogs or release, allow, or permit any dog in his possession or under his control to be upon any property for the purpose of hunting or chasing any animal or bird when there is livestock or poultry of any kind on the property. (Prior code, 410.5) Running at large. It is unlawful, in the unincorporated areas of the county of Fresno, for any person to permit a dog owned by him or in his possession to be off the property of the owner or possessor thereof unless such dog is on a leash or is otherwise under the immediate control of some responsible person. (Ord , 1; Ord , 2; Ord , 2; Ord , 2; Ord , 1; Ord , 1; Ord , 4; prior code, 415) Running at large Impounding. Any dog within the unincorporated areas of the county of Fresno found to be running at large as prohibited by Section of this chapter may be taken up by any person and impounded in the pound operated by the Central California Society for the Prevention of Cruelty to Animals or other pound operated by or for the county and may be disposed of or redeemed in accordance with the provisions of Sections through of this chapter. (Ord , 1; Ord , 3; Ord , 3; Ord , 3; Ord , 2; Ord , 2; Ord , 5; prior code, 416) Impoundment Dangerous dog. A. B. The poundmaster or law enforcement shall have the power to summarily and immediately impound a dog where there is evidence it is a dangerous dog as defined in Section (G) of this chapter. The poundmaster or law enforcement shall impound such dog pending any court or administrative proceeding arising out of the incident upon which the impoundment is based. Failure to surrender to the poundmaster or law enforcement upon demand a dog that is subject to being impounded pursuant to this section is a misdemeanor.

11 Page 11 of 17 C. A dog, impounded pursuant to the authority of this section, shall be returned to the owner or custodian as provided by Section of this chapter or when it is no longer required as evidence, or if a notice of a hearing pursuant to Section to declare the dog a dangerous dog has not been served on the owner or custodian within seven days after the impoundment. D. In lieu of impoundment pursuant to this section, the poundmaster or law enforcement may permit the dog to be confined at the owner's or custodian's expense in a dog kennel by the poundmaster, or a veterinary facility within the county of Fresno, or at the owner's or custodian's residence in an enclosure described in Section of this chapter; provided that, the owner or custodian: 1. Shall not remove the dog from the kennel, veterinary facility or residence without the prior written approval of the poundmaster, law enforcement or their authorized representative; 2. Shall make the dog available, during the period of impoundment, for observation and inspection by the poundmaster and members of law enforcement or their authorized representatives; and 3. Shall verify to the poundmaster or law enforcement that the dog will be confined in such a way as to prevent its coming into contact with members of the public other than the immediate family of the owner or custodian. E. The poundmaster, law enforcement, or their designated representatives may have a dog impounded or confined as provided in subsections A and D of this section, identified by means of permanent marking prior to release from impound or confinement. (Ord , 4) Dangerous dog Procedures. A. B. C. Hearing. A hearing officer/agency appointed by the county administrative officer shall conduct a hearing to determine whether or not a dog confined or impounded pursuant to Section of this chapter is a dangerous dog. The hearing shall be informally conducted and technical rules of evidence shall not apply, except that the hearing officer/agency shall have discretion to exclude irrelevant and unduly repetitious evidence. Dangerous Animal Declared. The hearing officer/agency after a hearing, may declare any dog to be a dangerous animal whenever it meets the definition of a dangerous dog set forth in Section of this chapter. The owner of a dog which has been declared dangerous shall reimburse the county for all costs associated with the hearing process. Determination of Dangerous Dog Evidence. In making a determination that a dog is or is not dangerous, evidence of the following shall be considered: 1. Any previous history of the dog attacking, biting or causing injury to a human or other animal; 2. The nature and extent of injuries inflicted and the number of victims involved; 3. The place where the bite, attack or injury occurred; 4. The presence or absence of any provocation for the bite, attack or injury; 5. The extent to which property has been damaged or destroyed; 6. Whether the dog exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

12 Page 12 of Whether the dog exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals; 8. Whether the dog can be effectively trained or retrained to change its temperament or behavior; 9. The manner in which the dog had been maintained by its owner or custodian; 10. Any other relevant evidence concerning the maintenance of the dog; 11. Any other relevant evidence regarding the ability of the owner or custodian, or the poundmaster to protect the public safety in the future if the dog is permitted to remain in the county. D. Disposition of Dangerous Dog. 1. It is unlawful for any person to own, possess, harbor or keep any dog declared by the hearing officer/agency, after a hearing, to be dangerous. 2. Any dog declared by the hearing officer/agency to be dangerous, if not already impounded by the poundmaster, shall be immediately surrendered to the poundmaster, and it is the duty of the poundmaster to take up and impound any such dog. 3. Any dog declared to be a dangerous dog shall be humanely destroyed. The hearing officer/agency shall sign an order authorizing the destruction of the dog after the time for appeal to a court of competent jurisdiction has passed without an appeal being filed. E. Dog Found Not Dangerous Procedure. If it is determined that the dog is not dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license may: 1. Be revoked if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog and a similar incident is likely to occur in the future without proper training, handling or maintenance; or 2. Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the dog to protect the public health, safety and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog and a similar incident is not likely to occur in the future with proper training, handling or maintenance. Prior to reissuance of the license, the owner of the dog shall show proof that the dog has successfully completed a training course with a qualified animal or dog obedience trainer. The poundmaster shall maintain a list of dog obedience trainers which, in the poundmaster's discretion, are able and qualified to successfully train dogs which have exhibited dangerous behavior. Upon request, the poundmaster shall make such list available to the owner of a dog affected by the provisions of this section. F. Revoked License Previously Impounded or Confined. 1. If a dog has been impounded or confined pursuant to Section of this chapter and its license has been revoked pursuant to subsection (E)(1) of this section and the owner or custodian wishes to reclaim and remove it from the custody of the poundmaster, the poundmaster shall release it provided the dog is taken to a location outside the county immediately and directly upon its release from impound or confinement. Failure to permanently remove the dog immediately and directly from the county upon release from impound or confinement is a misdemeanor.

13 Page 13 of 17 G. H. I. 2. Any dog which has previously been impounded or otherwise confined pursuant to Section of this chapter and which has not been claimed within five calendar days of service of a notice of revocation of its license shall be deemed abandoned and shall be disposed of by the poundmaster in accordance with this article. Notwithstanding this section, the owner may enter into a written agreement with the poundmaster to take additional time to remove, or to cause the dog to be removed, to a new location outside the county. Such additional time shall not exceed ten days. For each additional day agreed to, the pound fees as established by the poundmaster shall be paid prior to the release of the dog. Animal Identification. Any dog subject to this section must be identified by the poundmaster by the use of permanent marking prior to its release from impound or confinement. Any person whose dog has been declared dangerous or whose license has been revoked under this section shall not own, possess, control or be in charge of any dog of the breed declared to be dangerous or whose license has been revoked for a period of three years from the date of the action declaring the dog dangerous or revoking the license. The license collector shall not issue or renew any license for such breed of animal, except that upon the written request of the person whose dog has been declared dangerous or whose license has been revoked, the poundmaster may in his discretion authorize the issuance of a dog license. No dog may be declared dangerous that inflicts injury or damage on a person committing a willful trespass or other tort upon premises occupied by the owner of the dog, or teasing, tormenting, abusing or assaulting the dog, or committing or attempting to commit a crime. No dog may be declared dangerous if it inflicts injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the dog. No dog may be declared dangerous for taking any action to defend or protect a human being within the immediate vicinity of the dog from an unjustified attack or assault. (Ord , 4) Violation Infraction. Except as otherwise specifically provided in this chapter, any person violating any provisions of this chapter is guilty of an infraction punishable pursuant to the provisions of Section of this code. (Ord. 566, 2, 1974) FOOTNOTE(S): (36) State Law reference For statutory authority empowering counties to maintain, regulate and govern public pounds, see Gov. Code, 25802; for the authority to provide for the taking up and impounding of dogs running at large, see Agri. Code et seq. (Back) Fresno County, California, Code of Ordinances >> Title 9 - ANIMALS >> Chapter PETS OR NOVELTIES >>

14 Page 14 of 17 Chapter PETS OR NOVELTIES Sections: Unlawful Exception Unlawful. It is unlawful for any person in the county to sell, offer for sale, furnish, barter or give away any baby chicks, baby rabbits, ducklings or other baby fowl as pets, novelties, attractions or prizes. (Prior code, 425) Exception. The provisions of Section shall not be construed to prohibit the display or sale of chicks, baby rabbits, ducklings or other baby fowl in proper facilities by persons, dealers, hatcheries or stores regularly engaged in the business of selling the same to be raised for food or breeding purposes. (Prior code, 426) Fresno County, California, Code of Ordinances >> Title 9 - ANIMALS >> Chapter ESTRAY IMPOUNDMENT >> Chapter ESTRAY IMPOUNDMENT Sections: Definitions Pound established Taking up Care Disposition Taking up Notice Contents Public auction or private sale Sale Proceeds Records Proof of ownership Lien payment Definitions. The following words and terms used in this chapter are defined for purposes thereof as follows: A. B. C. "Agricultural commissioner" means the agricultural commissioner of the county; "Pound" means the place provided by the board of supervisors for the impounding of domestic animals whether maintained directly by the county or by an agency, society or other organization pursuant to agreement or contract with the county; "Poundmaster" means the person in charge of the pound, or any officer or employee of the agency, society or organization operating the pound and who is

15 Page 15 of 17 (Prior code, 430) acting under general supervision of the person in charge thereof Pound established. The board of supervisors shall establish or cause to be established by contract or agreement with an agency, society or organization organized for that purpose a suitable place for the impounding of domestic animals from unincorporated areas of the county, which premises shall be considered as the Fresno County pound; provided, that nothing herein contained shall be construed as preventing the pound from being operated in conjunction with a pound operated by said agency, society or organization. (Prior code, 431) Taking up Care Disposition. Except as provided in Article 5, Chapter 7, Division 9, Part 1 (commencing with Section 17121) of the Agricultural Code of the state pertaining to estrays in areas devoted chiefly to grazing, the poundmaster may take possession of any estray domestic animal found upon any highway or public property or upon the private property of another with the permission of the owner or other person in possession of such private property and have a lien for all expenses which are incurred in taking up, keeping, caring for and selling it. (Prior code, 432) Taking up Notice Contents. A. Within five days after taking up or taking possession of any estray horse, mule, burro, sheep, goat or swine the poundmaster, in addition to giving any notice required by Section of the Agricultural Code, shall file with the agricultural commissioner and with the sheriff-coroner of the county a notice which contains all of the following: 1. A description of the animal held; 2. The marks and brands, if any; 3. The probable value of the animal; 4. A statement of the date and place where it was taken up by the poundmaster and confined; 5. Any other information which in the opinion of the poundmaster will be helpful in identifying such animal; 6. A statement that the animal may be redeemed by its owner before its sale by the poundmaster. B. In addition to the filing of notice with the agricultural commissioner and with the sheriffcoroner, the poundmaster shall post a copy of such notice in a conspicuous place at the pound to which the public has access during business hours. (Prior code, 433) Public auction or private sale. If, after ten days from the date of the filing and posting of notice as required in Section , no satisfactory proof of ownership of the animal has been made or if the owner fails or refuses to pay all expenses which were incurred, the poundmaster may immediately sell

16 Page 16 of 17 such animal at public auction or private sale. All sales which are made pursuant to this chapter convey good and valid title to the purchaser. The former owner of the animal so sold is thereafter barred from all right to recover it. (Prior code, 434) Sale Proceeds Records. A. Except as provided in Section , the poundmaster may retain for the operation of the pound all proceeds from the sale of any animal under the provisions of this chapter. B. The poundmaster shall maintain for at least one year a copy of the notice filed with the agricultural commissioner and the sheriff-coroner under Section together with a record of the amount received in the sale of such animal and of all expenses incurred in connection with taking up, keeping, caring for and selling it. Copies of such notices and records shall be available to the public for inspection at the pound office. (Prior code, 435) Proof of ownership Lien payment. If any person shall, within one year after the date of the sale, prove to the satisfaction of the poundmaster or the agricultural commissioner his ownership of the animal which was sold pursuant to this chapter, the poundmaster shall pay such person the proceeds of the sale of the animal less any amount necessary to satisfy his lien for care and costs. (Prior code, 436) Fresno County, California, Code of Ordinances >> Title 9 - ANIMALS >> Chapter RODENTS AND PREDATORY ANIMALS >> Chapter RODENTS AND PREDATORY ANIMALS [37] Sections: Predatory animals Control Power to eradicate Keeping wild or nondomesticated animals Violations Predatory animals Control. Whenever an infestation with rodents or predatory animals exists on any premises within the county, it shall be the duty of the agricultural commissioner to cause said infestation to be eradicated or controlled and the reasonable expenses incurred therefor shall be a county charge. The agricultural commissioner shall, whenever he deems it necessary, cause an inspection to be made of any premises within the county for the purpose of ascertaining whether said premises are infested with rodents or predatory animals. (Ord. 555, 1, 1973; prior code, 420)

17 Page 17 of Power to eradicate. The agricultural commissioner may prescribe the methods to be used to eradicate or control rodents and predatory animals, and may manufacture and sell poison barley and such other materials as are convenient or necessary in destroying rodents and predatory animals. All such materials shall be furnished at cost to any person giving satisfactory assurance to the commissioner that such materials shall be used on premises within the county for the purpose of controlling or eradicating rodents or predatory animals. (Ord. 555, 1, 1973; prior code, 421) Keeping wild or nondomesticated animals. A. B. It is unlawful for any person to possess, keep or harbor any cheetah, jaguar, bear, African lion, mountain lion, tiger, leopard, panther, cougar, lynx, wildcat, ocelot or wolf, except in strict accordance with a permit issued therefor by the health officer. The health officer shall issue a permit therefor and may attach such conditions thereto as in his opinion may be necessary to protect the public health and safety. Such permit shall be in effect for one year subject to renewal upon the anniversary date thereof. The health officer may at any time inspect the premises where any such animal kept or proposed to be kept and may investigate the conditions under which such animals are maintained in order to determine the appropriate conditions to include in any permit or whether existing conditions of such permit are being complied with. He may at any time add to or modify the conditions of a permit when in his opinion the public health and safety so require. The health officer may, after notice and hearing, revoke such permit upon a showing of persistent violation of the terms and conditions thereof. The health officer shall charge a fee of ten dollars upon the issuance and renewal of a permit. This section shall not apply to any circus, carnival, regularly established zoo or animal shelter, or to a public officer or employee in the performance of his duties. (Ord. 555, 1, 1973; prior code, 423) Violations. Any person who interferes with the official actions of the agricultural commissioner or the health officer while carrying out the provisions of this chapter is guilty of a misdemeanor. (Ord. 555, 1, 1973; prior code, 424) FOOTNOTE(S): (37) State Law reference For statutory provisions authorizing counties to control and destroy predatory animals, see Gov. Code (Back)